Trademark Abuse The System, And Competition Regulations

The abuse of trademark right reefers to the actions of harming market competing order acted by persons owned it through the using of market forces generated by it. In practice, the anti-competition licensing of trademark, reverse domain name hijacking and so on, is the incorporate of trademark right abuse. In essence, the trademark abuse is not only an action of pirate, but an action of anti-competition, and at the same time encroached upon the interest of consumer and the general public. The trademark abuse has its reason as to politics, economy, law and society. The economic reason is the trademark proprietor's extreme pursuit of economic benefit. The political reason is the dissimilation of the trademark protection system. The law reason is the conflict between public right and private right in intellectual property domain. The social reason is the overturn of social members' consuming idea.Judging an action belongs to this kind of action or not should consider the competing policy, follows on the criterion of whether the action of using trademark right harmed competition unreasonably or not. Trademark right is an important type of intellectual right, the abuse of trademark right has the common characteristics of the abuse of intellectual property, and at the same time, it has the characteristics of its own. In particular, we should consider the following key elements to define the action of trademark right abuse: (1) the behavioral agents include not only operators but also other market subjects; (2) it should have the existence of trademark right; (3) actions do harm to market competition order; (4) it should have the actions of hurting others interest or acting unfair competition on purpose.Unrestricted trademark right may result in the abuse of right. The phenomena of trademark right abuse arises the conflict between the private interest of trademark owner and the public interest. Therefore, we should find the balance point between the protection and restriction of trademark right, give attention to both the...